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Court awards four months jail term for assaulting a man

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Press Trust of India New Delhi

Additional Sessions Judge (ASJ) Anju Bajaj Chandna jailed convict Lokesh Kumar, upholding a magisterial court's order which had held him guilty of inflicting grievous and "permanent" injury to the victim.

"I do not find any illegality or infirmity with the order of the magistrate and therefore find no ground to interfere with the same. The conviction of accused is upheld.

"I am of the opinion that the magistrate has already taken lenient view by sending the appellant to imprisonment for only four months. I find no justification as permanent injury had resulted to the complainant due to the act of the appellant. The sentence is also upheld," the court said.

 

"Appellant (Kumar) is taken into custody to serve the sentence period," it said.

Kumar had moved the sessions court against a July 2012 order of the magisterial court which had sentenced him for voluntarily causing grievous hurt to complainant Deena Nath. It had also imposed a cost of Rs 2,000 on the convict.

Kumar was arrested on Nath's complaint to the police that he was assaulted by Kumar in a North Delhi area while he was returning home with his family in a car in May last year.

The ASJ also noted that no material is brought on record to show that the accused and complainant were involved in any kind of previous enmity with each other.

"The complainant being the most important witness has not been challenged and rebutted with respect to his testimony," the judge observed while upholding the jail term awarded to Kumar.

  

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First Published: Oct 05 2012 | 2:55 PM IST

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